[Ord. 1565, 12-16-2009; Ord. 1618, 9-19-2012; Ord. 1808, 2-21-2024]
(A) 
This chapter shall not apply to any park or facility owned by the Desert Recreation District except by written agreement with that agency.
(B) 
This chapter shall apply to any park or facility owned by the City of Indio, notwithstanding that such park or facility is managed, operated, or maintained by the Desert Recreation District. For city-owned parks managed, operated, or maintained by Desert Recreation District, the City Manager may designate the General Manager of the District as his or her designee for any acts to be done under this chapter.
[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]
(A) 
Except in accord with a specific written permit provision, no person shall remain, stay, or loiter in any park between the hours of 10 p.m. and 6 a.m. Parking at any park shall be in accordance with § 71.11.
(B) 
The City Manager may designate extended park hours for any park when the City Manager determines that such extension of hours is consistent with sound use of park resources, will enhance recreational activities in the city, and will not be detrimental to the public health, safety or welfare. The prohibitions contained in subsection (A) of this section shall not apply to any person present in a park during extended park hours designated pursuant to this subsection.
(C) 
Notwithstanding subsection (A) of this section, the Police Chief may order any park closed before sunset and after sunrise when he or she determines that activities constituting a threat to public health, safety or welfare have occurred or are occurring in the park and that such closing is necessary to protect the public health, safety or welfare. At least one sign designating the hours when the park is closed shall be installed prominently in the park. During any time when a park is ordered closed, it is unlawful for any person to remain, stay, or loiter in said park during said period.
(D) 
It shall be unlawful to enter or remain in a children's playground area if such person is 18 years of age or older unless actually engaged in the care, custody or supervision of a person younger than 18 years of age who is using the child playground facilities.
[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]
No person shall light or maintain any fire, except in a place designated by the city as a park amenity, feature or fixture, or as specifically approved by the Fire Marshal concurrent with the issuance of a permit under this chapter. This section shall prohibit the use of any personal barbeque equipment in any park.
[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]
Except as authorized by § 130.081, generally permitted by state or federal law, or specifically permitted by the city or another authorized governmental authority, no person shall possess, carry or discharge any weapon in any park.
[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]
(A) 
Exemption from noise ordinance. City issuance of a permit for any group event or Sunday field use under this chapter shall qualify activity taking place per that permit as exempt from regulation under Chapter 95C dedicated to noise control.
(B) 
Noise ordinance otherwise applicable. With the exception of the specified exemptions enumerated in § 95C.09 and conduct or speech that is permitted or protected by state or federal law, Chapter 95C shall apply to any activity or proposed activity undertaken in a park without a permit.
[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]
Except as authorized by a special event permit or a permit issued per this, chapter, no person shall ride or drive any horse or other animal or propel any vehicle, cycle or automobile in a park except in locations designated as roads, trails, parking lots, or driveways provided for that purpose, and only in a direction as may be posted.
[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]
No person shall throw, discard, place or dispose of any garbage or refuse in a park, in any place other than a garbage can or other receptacle maintained for that purpose. No person shall bring or transport garbage or refuse generated outside a park to a park for disposal.
[Ord. 1565, 12-16-2009; Ord. 1767, 12-15-2021; Ord. 1808, 2-21-2024]
No person shall sell, offer or solicit the sale of goods or services within a park, or shall pass out commercial handbills or advertising, or shall commercially offer or provide teaching services within a park. This prohibition shall not apply to activity authorized by a special event permit, a vending permit, or a permit issued per this chapter. Nothing in this section shall in any way or to any degree limit the applicability of Chapter 110 of this code to any activity or proposed activity in a park. Sales of food or goods from vending carts is prohibited except as authorized by Chapter 114 or addressed by a specific written permit provision.
[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]
Camping in any park shall only take place in compliance with Code of Indio §§ 130.020 through 130.022 inclusive.
[Ord. 1565, 10-21-2009; Ord. 1808, 2-21-2024]
No person shall:
(A) 
Pick, dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof growing in a park; or
(B) 
Cut, break, deface or injure any building, structure, monument, sign, fence, bench, equipment or property in a park.
(C) 
No person shall open, expose, or interfere with any water system or utility, provided that this prohibition shall not apply to the use of any drinking fountain for its intended purpose.
[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]
(A) 
In accord with city signage, a dog at any location within a park shall be restrained by a leash; provided, however, that the provisions of this section may be temporarily waived per the terms of a permit issued pursuant to this chapter.
(B) 
In park areas designated by the City Council as off leash areas, dogs are permitted off-leash under the rules stated in § 96.21.
(C) 
Each person having care or custody of a dog anywhere in a park shall be solely responsible for promptly placing that dog's waste into a garbage can or other trash or rubbish receptacle maintained in the park in question.
(D) 
No dog shall be allowed on any sports field in a park except per a specific written permit provision.
[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]
The following rules apply within off-leash areas:
(A) 
No dog is permitted in an off-leash area except in the care, custody and control of a person 13 years of age or older.
(B) 
No person may have more than two dogs in an off-leash area at any time.
(C) 
Any dog in an off-leash area must be under the voice control of its caretaker(s) at all times.
(D) 
No dog is permitted in the off-leash area except during that area's posted hours of operation.
(E) 
Any dog in an off-leash area must be at least four months of age, vaccinated for rabies, and have a current animal license.
(F) 
No dog that is sick, in heat, or unreasonably aggressive is permitted in an off-leash area.
(G) 
Any person having care or custody of a dog in the off-leash area shall all promptly remove that dog's waste.
(H) 
No animals other than dogs are permitted in an off-leash area.
(I) 
No dog obedience classes may be conducted in an off-leash area.
(J) 
The use of an off-leash area by a dog's owner or any other person having care, custody, or control of the dog in question shall constitute an agreement by the dog owner or custodian in question to follow the rules stated in this section, a further, a waiver and release of any and all claims of the city, and agreement to protect, indemnify defend and hold the city harmless from any claim, injury or damage arising from or related to such use.
(K) 
It shall be unlawful for any person to have a dog in an off-leash area between 10:00 p.m. and 7:00 a.m.
[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]
No person shall take part in or abet the playing of a game of golf or the practice thereof in any park. Further, no person shall cause any object such as a ball or !stone to be propelled by use of a golf club or similar instrument within any park. This section shall not apply to the use of the Indio Municipal Golf Course, and may only be waived as to another park or park site pursuant to the terms and conditions of a permit issued pursuant to this chapter.
[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]
No person shall erect, install, or use any inflatable structure or fixture (such as waterslide, inflatable, bounce house, jumper, or any similar device) in any park. This section may only be waived pursuant to the terms and conditions of a permit issued pursuant to this chapter.
[Ord. 1565, 12-16-2009; Ord. 1618, 9-19-2012; Ord. 1808, 2-21-2024]
(A) 
No person shall enter, be or remain in any park while in possession of any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.
(B) 
No person shall consume, or provide or offer for consumption, any alcoholic beverage in any park. Notwithstanding any other provision of this chapter, a violation of this division may, within the discretion of the City Attorney, be prosecuted as a misdemeanor or an infraction, and punished per § 10.99.
(C) 
This section may only be waived pursuant to the terms and conditions of a permit issued pursuant to this chapter by the Community Services Commission.
[Ord. 1565, 12-16-2009; Ord. 1618, 9-19-2012; Ord. 1808, 2-21-2024]
General and temporary regulations shall apply to park use and shall facilitate the function of this parks ordinance. Upon a resolution of the Community Services Commission, the city may adopt, modify or repeal general park regulations. The City Manager, or their designee, may administratively issue, modify or repeal temporary regulations for any park's use. No temporary regulation issued hereunder may be enforced for more than 180 consecutive days. Each new park regulation adopted, or a summary statement explaining the modification or repeal of an established park regulation, shall be published in the local newspaper twice within the two weeks after adoption, with not less than five days between publications. The park regulations shall provide the process for appealing the adoption of a new park regulation, or the modification or repeal of an established regulation. The City Council retains and may exercise at its discretion authority to adopt, modify or repeal any park regulation.
[Ord. 1565, 12-16-2009; Ord. 1618, 9-19-2012; Ord. 1808, 2-21-2024]
No formally organized sports competition may be scheduled to take place in any park on Sunday unless a permit for said scheduling has been approved by the Community Services Commission and issued by the City Manager, or their designee. Permits for such activity, and appeals regarding decisions as to same shall be considered per the city's park regulations.
[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]
Title 100 of the Code of Indio shall continue in full force and effect as additional authority applicable to the use of skate parks in the city.
[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]
The City Council may from time to time consider and approve park programs, including but not limited to facilitating the rental or leasing of a park, and may also sponsor city events incorporating the use of a park that will serve to advance the public welfare and allow the city's use of its parks as a revenue-generating enterprise.
[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]
The City Council shall from time to time, by resolution, set and modify the fees payable by any applicant: (A) that applies for a permit to have a large group event in a city park pursuant to § 96.03, (B) that applies for a permit to engage in Sunday use of park fields pursuant to § 96.26 and any applicable park regulation, (C) that applies for a permit that necessitates the presence of city staff at a park during a group event pursuant to the park regulations, (D) that wishes to appeal any determination or citation under this chapter and the park regulations. Fees shall generally shall not be payable by any applicant for a group event permit that does not meet the criteria of a large group event. However, notwithstanding any other provision of this chapter, any applicant for a group event permit shall pay fees payable upon an appeal, fees payable for a background investigation, and fees payable to fund the presence of city staff at a group event per this chapter. No fees payable per this chapter shall exceed the costs reasonably borne of providing the corresponding services provided per this chapter. No fees shall be payable with respect to the filing or consideration of an application for a city event. The fees payable in relation to an Indio-based group event shall be at least 20% lower than any fees payable for any other group event. Any appellant under this chapter that prevails upon its appeal shall be entitled to the city's return of its fees that were payable on appeal.
[1]
Editor's Note: Former § 96.30, Smoking prohibited (Ord. 1808, 2-21-2024), was repealed by Ord. No. 1822, 10-1-2025. See now Ch. 107, Smoke-Free Areas.
[Ord. 1565, 12-16-2009; Ord. 1808, 2-21-2024]
Any document prepared per this chapter shall be a public record maintained in accord with the city's records retention policy, and shall be subject to redaction only per a decision by the City Attorney in accord with the California Public Records Act.